Pramod Ghoshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 4184 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1917 of 2022 (PRAMOD GHOSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 25-03-2022 Mr. Shailendra Verma, learned counsel for the appellant.

Mr. Rajesh Chand, learned Government Advocate for the State. Mr. Akshat Tamrakar, learned counsel for the complainant. Record of Court below is available.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.3341/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant - Pramod Ghoshi.

By the impugned judgment dated 31.01.2022 passed by Special Judge (POCSO) Act, 2012, District Sagar (M.P.) in Special Case No.201/2021 whereby the appellant has been convicted for offences under Section 12 of POCSO Act and sentenced to undergo R.I. for 1 year with fine of Rs.5000/- and under Section 3(2)(v-a) of SC/ST Act and sentenced to under R.I. for 1

year with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant/applicant has submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. Fine amount has already been deposited. Final disposal of this appeal would take considerable time. Therefore, prayer has been made to suspend the sentence of the appellant/applicant.

Learned Government Advocate has opposed the prayer for suspension of sentence.

Learned counsel for the complainant has no objection for suspension of sentence and grant of bail to the appellant.

Considering the sentence awarded against the appellant, without commenting on merits of the case, the application is allowed.

It is directed subject to deposit of fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence

imposed upon appellant - Pramod Ghoshi shall remain suspended during the pendency of this appeal and he be released on bail.

The appellant shall appear before the concerned trial Court on 03.08.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.3341/2022 stands disposed of. List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.03.26 13:22:42 IST